COMMON LAW PARENTS INDICTED IN THE DEATH OF THEIR SON

Aug. 26, 2013 -- Westchester County District Attorney Janet DiFiore announced today that Clarence Thomas (DOB 03/21/82) of 121 Ludlow Street, Yonkers, New York had been arraigned on a five-count indictment charging him with:

one count of Murder in the Second Degree, a class “A-1” Felony,

one count of Manslaughter in the First Degree, a class “B” Felony,

one count of Reckless Assault of a Child, a class ”D” Felony,

one count of Assault in the Second Degree, a class “D” felony,

one count of Endangering the Welfare of a Child, a class “A” Misdemeanor.

In addition, an indictment was unsealed against Kayan Johns (DOB 07/24/81) of 3924 Wilder Avenue, Bronx, New York, charging her with:

one count of Endangering the Welfare of a Child, a class “A” Misdemeanor.

relating to the death of their six-month-old daughter, Natalia Johns.

On March 14, 2013 at approximately 6 a.m., Kayan Johns called 911 stating that her infant daughter, Natalia, had stopped breathing.

At the time medical personnel arrived at the house, the infant had no pulse. She was removed to St. Joseph’s Medical Center in Yonkers and pronounced dead at 7:14 a.m.

The Westchester County Medical Examiner’s Office conducted an autopsy that revealed numerous injuries consistent with both old and new trauma to the child’s head.

The father, Clarence Thomas, was questioned by Yonkers detectives, giving various accounts of how the child could have sustained the numerous injuries.

The mother, Kayan Johns had over the proceeding months, noticed various bruising and other injuries on the infant but did not report it to authorities or try to get medical attention.

Additionally, Kayan Johns continued to allow the defendant to be the primary caretaker of the deceased and her other children while she worked.

“These parents, the father by his direct actions and the mother by her denial of any abuse, directly led to the death of their six-month-old daughter. If infants and children can’t depend on their own parents to care for and protect them, then it is incumbent on society to make sure that they are held accountable,” said District Attorney Janet DiFiore.

Thomas was remanded.

Bail for Johns was set at $7,500 cash or bond.

Their next court date is Sept. 9, 2013.

Thomas faces a maximum of 25 years to life in state prison on the top count of his indictment.

Johns faces one year in County Jail.

Assistant District Attorney Christine Cervasio of the Special Prosecutions Division is prosecuting the case.

Clarence Thomas

Kayan Johns

In compliance with Disciplinary Rule 7-107A of the Code of Professional Responsibility, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.